Marcus Caelius Rufus→Marcus Tullius Cicero|c. 50 BC|Cicero|From Rome|To Rome|AI-assisted
Although I have political news to write to you, I have nothing that I think will please you more than this: Gaius Sempronius Rufus, your honey and delight, has been convicted of malicious prosecution to thunderous applause.
You ask, in what case? After the Roman Games, he brought a charge under the Plautian law on violence against Marcus Tuccius, his own accuser. His plan was this: he saw that if no extraordinary defendant were added, he himself would have to plead his case this year, and he had no doubt what the outcome would be. He preferred to confer this little favor on no one rather than on his own accuser. So he came down without any supporting prosecutor and indicted Tuccius.
As soon as I heard, I ran to the defendant's benches without being called. I stood up and said not one word about the case. I worked through Sempronius's whole character so thoroughly that I even brought in Vestorius and told the story of how, as a favor to you, he had given up anything Vestorius held by his wrongdoing.
Another great contest now occupies the forum. Marcus Servilius, after upsetting everything in his usual way, had left nothing that he would not sell to somebody and had been handed over to us under the greatest scandal. Laterensis the praetor refused, when Pausanias demanded it and we were defending Servilius, to receive a charge asking where the money had gone. Then Quintus Pilius, a close connection of our Atticus, brought a charge of extortion against him. Talk immediately rose high, and people began speaking hotly of conviction.
Driven by that wind, the younger Appius came forward to say that money from his father's property had reached Servilius, and claimed that 81,000 sesterces had been deposited for the sake of a collusive prosecution. You are amazed at the madness? You would be more amazed if you had heard his pleading and his confessions - utterly foolish about himself, shameful about his father.
He sent the matter to the same jurors who had assessed the damages. When the votes were equal, Laterensis, not knowing the laws, announced what each order of jurors had decided and at the end, as praetors usually do, said, "I will not collect it." After he left, and Servilius began to be treated as acquitted, Laterensis read the 101st clause of the law, which said: "Whatever the majority of those jurors has judged, let it be lawful and valid." He did not enter an acquittal in the records; he wrote out the judgments of the separate orders.
When Appius applied again, Laterensis consulted Lucius Lollius and said he would enter the record. So now Servilius, neither acquitted nor condemned, wounded in reputation, will be handed over to Pilius for extortion. For in the preliminary contest Appius, though he had sworn there was collusion, did not dare compete with Pilius and yielded to him. Appius himself has been charged with extortion by the Servilii, and besides that with violence by a certain emissary of his own, Sextus Tettius. The pair is well matched.
As for public affairs, for many days nothing at all was done because everyone was waiting on the Gallic provinces. At last, after the matter had often been postponed, seriously debated, and Pompey's will clearly seen to lean toward Caesar leaving after March 1, the decree of the senate that I sent you was passed, and the recorded opinions were written out.
I will not copy the formal decree here as ornament; you have the text itself. Its substance was that the new consuls should bring the consular provinces before the senate from March 1, that no other matter should take precedence, that no connected motion should be joined to it, and that the senate should meet even on assembly days for this purpose. It also recorded the senate's view that no one with veto power should block a motion on the republic, and that if anyone did so, the obstruction should be treated as contrary to the republic. Some tribunes vetoed these decrees.
Pompey's remarks were what most gave people confidence. He said he could not settle anything about Caesar's provinces before March 1 without injustice, but after March 1 he would not hesitate. When asked what if someone then vetoed, he said it made no difference whether Caesar himself refused to obey the senate or prepared someone else to prevent the senate from making a decree. Someone else asked, "What if he wants both to be consul and to keep his army?" Pompey answered, with such mildness: "What if my son wants to strike me with a stick?"
With words like these he made people think that he had a real dispute with Caesar. So, as I see it, Caesar now wants to come down to one of two terms: either he remains and is not considered for the consulship this year, or, if he can be elected, he leaves. Curio is preparing to oppose him entirely. What he can accomplish I do not know. I do see this: if his judgment is sound, even if he accomplishes nothing, he cannot fall.
Curio treats me generously and has laid a burden on me by his gift. If he had not given me the African beasts brought for his games, I might have let the matter pass. Now, since I must give games, please make it your concern, as I have always asked, that we get some animals from your region. I also commend Sittius's bond to you. I have sent my freedman Philo and the Greek Diogenes to you with instructions and letters. I want you to take care of them and of the business for which I sent them, for in the letters they will deliver I have written how deeply it matters to me.
CCXXII (Fam. VIII, 8) M. CAELIUS RUFUS TO CICERO (IN CILICIA) ROME (OCTOBER) Though I have some political news for you, yet I don't think I have anything to tell you that you will be more glad to hear than this: I have to inform you that C. Sempronius Rufus — Rufus , your pet darling — has been convicted of vexatious prosecution with universal applause. You ask, in what case? Well, he indicted M. Tuccius (who had formerly prosecuted him) after the Ludi Romani for illegal violence under the lex Plotia. His object was this: he saw that, unless some defendant were put on the list for trial whose case could take priority, he would have to stand his own trial this year. Moreover, he had no doubt what would happen to him. This prosecution was a small favour he preferred to do to his accuser more than anyone else! Accordingly, without anyone backing his indictment, he came down into the forum and indicted Tuccius . As soon as I heard of it, I hurried without waiting for a summons to the defendant's bench. I rose, and without saying a word on the merits of the case, I showed up his whole character and career, even bringing in the matter of Vestorius , and telling the story of his having surrendered to you as a favour “whatever Vestorius held contrary to his own legal rights.” The following hotly contested case is also at present taking up the attention of the forum. M. Servilius had, as was to be expected from his previous conduct, become utterly bankrupt, and had nothing left which he was not prepared to sell to anybody, and when he became my client had already exposed himself to the most violent scandal. But when Pausanias initiated proceedings against him for “fraudulent possession of the money” (I acting as counsel for the defence), the praetor Laterensis declined to allow the action. Then Q. Pilius , the connexion of our friend Atticus , initiated proceedings against him for extortion. Much talk at once arose about the case, and strong remarks began to be made about a conviction. Moved by this storm of popular feeling, Appius the younger laid an information as to a sum of money having been transferred from his father's estate to Servilius , and stated that 81 sestertia had been deposited to enable him to secure the collusive failure of the prosecution. You are surprised at this folly; nay, what would you have said if you had heard him conducting the case, and the admissions which he made, foolish in the extreme as far as he was himself concerned, and positively shameful as regards his father? The jury called upon to consider their verdict was the same as that which had assessed the damages in the former case. The votes having turned out to be equal, Laterensis, from imperfect acquaintance with the laws, announced the verdict of each of the decuriae separately, and finally, according to the custom of the praetors, gave the decision “for the defendant.” After leaving the court, Servilius being thenceforth regarded as acquitted, Laterensis read the 101st clause of the law, which contains the words “The verdict of the majority of the jurors shall be good and decisive.” He thereupon did not enter him on the records as acquitted, but only entered a statement of the verdict of the several decuriae. Upon Appius , however, applying for a new trial, he said that he had consulted L. Lollius and would record the facts. So that now, being neither acquitted nor condemned, Servilius will be at the disposal of Pilius for an action for extortion, with a reputation already damaged. For Appius , though he had already sworn that there was no collusion, did not venture to dispute the right to prosecute with Pilius , and has himself had proceedings begun against him for extortion by the Servilii , besides having been indicted for violence by a creature of his own, Sextius Tettius . They are a worthy pair! As for political business, for many days past nothing at all has been done, owing to the suspense as to the arrangements to be made about the Gauls . At last, however, after frequent postponements and serious debates, and when Pompey 's wishes had been clearly seen to incline in the direction of passing a decree for Caesar quitting his province after the 1st of March next, a decree of the senate was passed, which I hereby send you, and some resolutions which were reduced to writing. " Resolutions of the Senate. Twenty-ninth of September; in the temple of Apollo ; the following assisted in drawing up the decree: L. Domitius Ahenobarbus , son of Gnaeus, of the Fabian tribe; Q. Caecilius Metellus Pius Scipio , son of Quintus, of the Fabian tribe; L. Villius Annalis , son of Lucius, of the Pomptinian tribe; C. Septimius , son of Titus , of the tribe Quirina; C. Lucilius Hirrus , son of Gaius, of the tribe Pupinia ; C. Scribonius Curio , son of Gaius, of the tribe Popilia; L. Atteius Capito , son of Lucius, of the tribe Aniensis ; M Eppius, son of Marcus, of the tribe Terentina. Seeing that M. Marcellus , the consul has made mention of the consular provinces, on that subject the senators have voted as follows: L. Paullus , C. Marcellus , the consuls, shall when they have entered on their office, on the first of the month of March that is about to fall within their year of office, bring the matter of the consular provinces before the senate, and shall not from the first of March bring any motion before the senate in preference thereto; nor shall anything be brought before the senate in conjunction therewith by the consuls. And for the sake of that business they shall hold meetings of the senate, comitial days notwithstanding; and shall draw up decrees of the senate. And when that business is being brought before the senate by the consuls, they may bring into the house those of the senators who are among the three hundred and sixty jurors without incurring penalties thereby. If on that matter it is necessary to bring any resolution before the people or plebs, Ser. Sulpicius and M. Marcellus , the consuls, the praetors, and the tribunes of the plebs, to whichever of them it seems good, shall bring it before the people or plebs. But if they shall fail to bring it, whosoever are next in office shall bring it before people or plebs. No one vetoed. Twenty-ninth of September; in the temple of Apollo ; the following assisted at drawing up the decree; L. Domitius Ahenobarbus , son of Gnaeus, of the Fabian tribe; Q. Caecilius Metellus Pius Scipio , son of Quintus of the Fabian tribe; L. Villius Annalis , son of Lucius, of the Pomptinian tribe; C. Septimius , son of Titus , of the tribe Quirina; C. Lucilius Hirrus , son of Gaius, of the tribe Pupinia ; C. Scribonius Curio , son of Gaius, of the tribe Popilia; L. Atteius Capito , son of Lucius, of the tribe Aniensis ; M Eppius, son of Marcus, of the tribe Terentina. Seeing that M Marcellus , the consul has made mention of the consular provinces, on that subject the senators voted as follows: The senate is of opinion that none of those who have the power of vetoing or staying proceedings ought to offer any hindrance to a motion being brought before the house concerning the Republic of the Roman people, the Quirites, or a decree of the senate being made: whoso shall have so hindered or prohibited, the senate is of opinion that he has acted against the Republic. If anyone shall veto this decree, the senate orders that its resolution shall be committed to writing, and that the matter shall thereupon be brought before the senate (and people). C. Caelius , L. Vinicius , P. Cornelius , C. Vibius Pansa , tribunes, vetoed this decree. Ordered also by the senate concerning the soldiers now in the army of Gaius Caesar . as to those of them who have served their full time or have pleas to allege whereby they ought to be discharged, a motion shall be brought before the house to take cognizance of them and to look into their cases. If anyone vetoes this decree, ordered that the resolution be reduced to writing, and a motion brought before this house thereon. C. Caelius , C. Pansa , tribunes, vetoed this decree of the senate. Ordered also by the senate that into the province of Cilicia , into the eight remaining provinces administered by ex-praetors with authority of praetor, those who have been praetors and have not been to a province with imperium, such of them as in accordance with the decree of the senate are due to be sent into province as propraetors, shall be sent into provinces as by lot shall be assigned. If from the category of these, thus due to be sent into provinces, there be not sufficient in number to go into the said provinces, then from whichever in each case is the senior college of praetors who have not been to provinces, they shall in like manner go to provinces by lot.- if they are not sufficient to make up the number, then the members of the college next in order shall have their names put into the lottery, until such time as the number is made up to such number as is due to be sent into provinces. If anyone vetoes this decree of the senate, let the resolution be reduced to writing. C. Caelius , C. Pansa , tribunes, vetoed this decree of the senate." The following observation also of Cn. Pompeius attracted attention, and gave people a very great feeling of security, when he said that he could not, without unfairness, settle anything about Caesar 's provinces before the 1st of March, but that after the 1st of March he would not hesitate. When asked, what if anyone on that date vetoed it, he said that it made no difference whether Caesar refused to obey the senate, or secured some one to prevent the senate passing a decree. “What if,” said some one else, “he shall determine both to be consul and to keep his army?” To which he answered — with what mildness! — “What if my son should choose to strike me with his stick?” By such words as these he has made people think that some negotiation was going on between Pompey and Caesar . And so I think Caesar is minded to adopt one of two alternatives — either to remain in his province, and not be a candidate this next year, or, if he succeeds in getting elected, to leave his province. Curio is preparing to oppose him at every point. What he can do I don't know. I clearly see this, that if Curio keeps his wits about him, even though he effects nothing, he cannot possibly come utterly to grief. Curio treats me in a very gentlemanly way, and has forced a troublesome business on me by his present. For if he had not given me those African beasts, which had been imported for him to use at his games, the thing might have been omitted. Now, however, since give games I must, I would beg you, as I have often asked you before, to see that I have some beasts from your parts. I also commend to your attention the bond held by Sittius . I am sending my freedman Philo and the Greek Diogenes to Cilicia , to whom I have entrusted a message and a letter to you. Pray be so good as to give them, and the business on which I have sent them, your special attention. For in the letter, which I have given them for you, I have stated in detail how extremely important it is to me.
VIII. Scr. Romae ineunte mense Octobri a.u.c. 703. CAELIUS CICERONI SAL.
Etsi, de re publica quae tibi scribam, habeo, tamen nihil, quod magis gavisurum te putem, habeo quam hoc: scito C. Sempronium Rufum, mel ac delicias tuas, calumniam maximo plausu tulisse. Quaeris: "qua in causa?" M. Tuccium, accusatorem suum, post ludos Romanos reum lege Plotia de vi recit hoc consilio, quod videbat, si extraordinarius reus nemo accessisset, sibi hoc anno causam esse dicendam; dubium porro illi non erat, quid futurum esset. Nemini hoc deferre munusculum maluit quam suo accusatori: itaque sine ullo subscriptore descendit et Tuccium reum fecit. At ego, simulatque audivi, invocatus ad subsellia rei occurro; surgo neque verbum de re facio: totum Sempronium usque eo perago, ut Vestorium quoque interponam et illam fabulam narrem, quemadmodum tibi pro beneficio dederit, si quid iniuria ipsius esset, ut Vestorius teneret. Haec quoque magna nunc contentio forum tenet: M. Servilius postquam, ut coeperat, omnibus in rebus turbarat nec, quod non venderet cuipiam, reliquerat maximaque nobis traditus erat invidia, neque Laterensis praetor postulante Pausania, nobis patronis, QUO EA PECUNIA PERVENISSET, recipere voluit, Q. Pilius, necessarius Attici nostri, de repetundis eum postulavit: magno illico fama surrexit et de damnatione ferventer loqui est coeptum. Quo vento proiicitur Appius minor, ut indicaret pecuniam ex bonis patris pervenisse ad Servilium praevaricationisque causa diceret depositum HS. LXXXI. Admiraris amentiam: immo, si actionem stultissimasque de se, nefarias de patre confessiones audisses. Mittit in consilium eosdem illos, qui lites aestimarant iudices. Cum aequo numero sententiae fuissent, Laterensis leges ignorans pronuntiavit, quid singuli ordines iudicassent, et ad extremum, ut solent, NON REDIGAM. Postquam discessit et pro absoluto Servilius haberi coeptus est legisque unum et centesimum caput legit, in quo ita erat: QUOD EORVM IVDICVM MAIOR PARS IVDICARIT, ID IVS RATVMQVE ESTO, in tabulas absolutum non rettulit, ordinum iudicia perscripsit; postulante rursus Appio cum L. Lollio transegit et se relaturum dixit. Sic nunc neque absolutus neque damnatus Servilius de repetundis saucius Pilio tradetur; nam de divinatione Appius, cum calumniam iurasset, contendere ausus non est Pilioque cessit, et ipse de pecuniis repetundis a Serviliis est postulatus et praeterea de vi reus a quodam suo emissario, Sex. Tettio, factus. Recte hoc par habet. Quod ad rem publicam pertinet, omnino multis diebus exspectatione Galliarum actum nihil est; aliquando tamen saepe re dilata et graviter acta et plane perspecta Cn. Pompeii voluntate in eam partem, ut eum decedere post Kalendas Martias placeret, senatus consultum, quod tibi misi, factum est auctoritatesque perscriptae. S. C. AUCTORITATESQ. Pr.[idie] Kal. Octobres in aede Apollinis scrib. affuerunt L. Domitius Cn. f. Fab. Ahenobarbus, Q. Caecilius Q. f. Fab. Metellus Pius Scipio, L. Villius L. F. Pom. Annalis, C. Septimius T. f. Quirina, C. Lucilius C. f. Pup. Hirrus, C. Scribonius C. f. Pop. Curio, L. Ateius L. f. An. Capito, M. Eppius M. f. Ter. Quod M. Marcellus cos. v.[erba] f.[ecit] de provinciis consularibus, d. e. r. i. c., uti L. Paullus C. Marcellus coss., cum magistratum inissent, ex Kal. Mart., quae in suo magistratu futurae essent, de consularibus provinciis ad senatum referrent, neve quid prius ex Kal. Mart. ad senatum referrent, neve quid coniunctim de ea re referretur a consulibus, utique eius rei causa per dies comitiales senatum haberent senatusque cons. facerent, et, cum de ea re ad senatum referretur a consulibus, qui eorum in CCC. iudicibus essent, ses adducere liceret; si quid de ea re ad populum plebemve lato opus esset, uti Ser. Sulpicius M. Marcellus coss., praetores tribunique pl., quibus eorum videretur, ad populum plebemve ferrent; quod ii non tulissent, uti, quicumque deinceps essent, ad populum plebemve ferrent. I.N. [Intercessit nemo.] Pr. Kal. Octobres in aede Apollinis scrib. affuerunt L. Domitius Cn. f. Fab. Ahenobarbus, Q. Caecilius Q. f. Fab. Metellus Pius Scipio, L. Villius L. f. Pom. Annalis, C. Septimius T. f. Quirina, C. Lucilius C. f. Pup. Hirrus, C. Scribonius C. f. Pop. Curio, L. Ateius L. f. An. Capito, M. Eppius M. f. Terentina. Quod M. Marcellus cos. v. f. de provinciis, d. e. r. i. c., senatum existimare neminem eorum, qui potestatem habent intercedendi impediendi, moram afferre oportere, quo minus de. r. p. p. r. q. [re publica populi Romani quam primum -- per Loeb] ad senatum referri senatique consultum fieri possit: qui impedierit prohibuerit, eum senatum existimare contra rem publicam fecisse; si quis huic s. c. intercesserit, senatui placere auctoritatem perscribi et de ea re ad senatum populumque referri. Huic s. c. intercessit C. Caelius, L. Vinicius, P. Cornelius, C. Vibius Pansa, tribuni pl. Item senatui placere de militibus, qui in exercitu C. Caesaris sunt, qui eorum stipendia emerita aut causas, quibus de causis missi fieri debeant, habeant, ad hunc ordinem referri, ut eorum ratio habeatur causaeque cognoscantur; si quis huic s. c. intercessisset, senatui placere auctoritatem perscribi et de ea re ad hunc ordinem referri. Huic s. c. intercessit C. Caelius, C. Pansa, tribuni pl. Itemque senatui placere in Ciliciam provinciam, in VIII reliquas provincias, quas praetorii pro praetore obtin[er]ent, eos, qui praetores fuerunt neque in provincias cum imperio iverunt, quos eorum ex s. c. cum imperio in provincias pro praetore mitti oporteret, eos sortito in provincias mitti placere; si ex eo numero, quos ex s. c. in provincias ire oporteret, ad numerum non essent, qui in eas provincias proficiscerentur, tum, uti quodque collegium primum praetorum fuisset neque in provincias profecti essent, ita sorte in provincias proficiscerentur; si ii ad numerum non essent, tunc deinceps, proximi cuiusque collegii qui praetores fuissent neque in provincias profecti essent, in sortem coniicerentur, quoad is numerus effectus esset, quem ad numerum in provincias mitti oporteret; si quis huic s. c. intercessisset, auctoritas perscriberetur. Huic s. c. intercessit C. Caelius, C. Pansa, tribuni pl. Illa praeterea Cn. Pompeii sunt animadversa, quae maxime confidentiam attulerunt hominibus, ut diceret se ante Kal. Martias non posse sine iniuria de provinciis Caesaris statuere, post Kal. Martias se non dubitaturum; cum interrogaretur, "si qui tum intercederent," dixit hoc nihil interesse, utrum Caesar senatui dicto audiens futurus non esset an pararet, qui senatum decernere non pateretur; "quid, si," inquit alius, "et consul esse et exercitum habere volet?" at ille quam clementer: "quid, si filius meus fustum mihi impingere volet?" His vocibus, ut existimarent homines Pompeio cum Caesare esse negotium, effecit; itaque iam, ut video, alteram utram ad condicionem descendere vult Caesar, ut aut maneat neque hoc anno sua ratio habeatur aut, si designari poterit, decedat. Curio se contra eum totum parat: quid assequi possit, nescio; illud video, bene sentientem, etsi nihil effecerit, cadere non posse. Me tractat liberaliter Curio et mihi suo munere negotium imposuit; nam, si mihi non dedisset eas, quae ad ludos ei advectae erant Africanae, potuit supersedere; nunc, quoniam dare necesse est, velim tibi curae sit, quod a te semper petii, ut aliquid istinc bestiarum habeamus. Sittianamque syngrapham tibi commendo; libertum Philonem istuc misi et Diogenem Graecum, quibus mandata et litteras ad te dedi: eos tibi et rem, de qua misi, velim curae habeas; nam, quam vehementer ad me pertineat, in iis, quas tibi illi reddent, litteris perscripsi.
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Although I have political news to write to you, I have nothing that I think will please you more than this: Gaius Sempronius Rufus, your honey and delight, has been convicted of malicious prosecution to thunderous applause.
You ask, in what case? After the Roman Games, he brought a charge under the Plautian law on violence against Marcus Tuccius, his own accuser. His plan was this: he saw that if no extraordinary defendant were added, he himself would have to plead his case this year, and he had no doubt what the outcome would be. He preferred to confer this little favor on no one rather than on his own accuser. So he came down without any supporting prosecutor and indicted Tuccius.
As soon as I heard, I ran to the defendant's benches without being called. I stood up and said not one word about the case. I worked through Sempronius's whole character so thoroughly that I even brought in Vestorius and told the story of how, as a favor to you, he had given up anything Vestorius held by his wrongdoing.
Another great contest now occupies the forum. Marcus Servilius, after upsetting everything in his usual way, had left nothing that he would not sell to somebody and had been handed over to us under the greatest scandal. Laterensis the praetor refused, when Pausanias demanded it and we were defending Servilius, to receive a charge asking where the money had gone. Then Quintus Pilius, a close connection of our Atticus, brought a charge of extortion against him. Talk immediately rose high, and people began speaking hotly of conviction.
Driven by that wind, the younger Appius came forward to say that money from his father's property had reached Servilius, and claimed that 81,000 sesterces had been deposited for the sake of a collusive prosecution. You are amazed at the madness? You would be more amazed if you had heard his pleading and his confessions - utterly foolish about himself, shameful about his father.
He sent the matter to the same jurors who had assessed the damages. When the votes were equal, Laterensis, not knowing the laws, announced what each order of jurors had decided and at the end, as praetors usually do, said, "I will not collect it." After he left, and Servilius began to be treated as acquitted, Laterensis read the 101st clause of the law, which said: "Whatever the majority of those jurors has judged, let it be lawful and valid." He did not enter an acquittal in the records; he wrote out the judgments of the separate orders.
When Appius applied again, Laterensis consulted Lucius Lollius and said he would enter the record. So now Servilius, neither acquitted nor condemned, wounded in reputation, will be handed over to Pilius for extortion. For in the preliminary contest Appius, though he had sworn there was collusion, did not dare compete with Pilius and yielded to him. Appius himself has been charged with extortion by the Servilii, and besides that with violence by a certain emissary of his own, Sextus Tettius. The pair is well matched.
As for public affairs, for many days nothing at all was done because everyone was waiting on the Gallic provinces. At last, after the matter had often been postponed, seriously debated, and Pompey's will clearly seen to lean toward Caesar leaving after March 1, the decree of the senate that I sent you was passed, and the recorded opinions were written out.
I will not copy the formal decree here as ornament; you have the text itself. Its substance was that the new consuls should bring the consular provinces before the senate from March 1, that no other matter should take precedence, that no connected motion should be joined to it, and that the senate should meet even on assembly days for this purpose. It also recorded the senate's view that no one with veto power should block a motion on the republic, and that if anyone did so, the obstruction should be treated as contrary to the republic. Some tribunes vetoed these decrees.
Pompey's remarks were what most gave people confidence. He said he could not settle anything about Caesar's provinces before March 1 without injustice, but after March 1 he would not hesitate. When asked what if someone then vetoed, he said it made no difference whether Caesar himself refused to obey the senate or prepared someone else to prevent the senate from making a decree. Someone else asked, "What if he wants both to be consul and to keep his army?" Pompey answered, with such mildness: "What if my son wants to strike me with a stick?"
With words like these he made people think that he had a real dispute with Caesar. So, as I see it, Caesar now wants to come down to one of two terms: either he remains and is not considered for the consulship this year, or, if he can be elected, he leaves. Curio is preparing to oppose him entirely. What he can accomplish I do not know. I do see this: if his judgment is sound, even if he accomplishes nothing, he cannot fall.
Curio treats me generously and has laid a burden on me by his gift. If he had not given me the African beasts brought for his games, I might have let the matter pass. Now, since I must give games, please make it your concern, as I have always asked, that we get some animals from your region. I also commend Sittius's bond to you. I have sent my freedman Philo and the Greek Diogenes to you with instructions and letters. I want you to take care of them and of the business for which I sent them, for in the letters they will deliver I have written how deeply it matters to me.
AI-assisted translation - This translation was produced with AI assistance and has not been peer-reviewed. See the 19th-century translation or original Latin/Greek below for scholarly use.
Latin / Greek Original
VIII. Scr. Romae ineunte mense Octobri a.u.c. 703. CAELIUS CICERONI SAL.
Etsi, de re publica quae tibi scribam, habeo, tamen nihil, quod magis gavisurum te putem, habeo quam hoc: scito C. Sempronium Rufum, mel ac delicias tuas, calumniam maximo plausu tulisse. Quaeris: "qua in causa?" M. Tuccium, accusatorem suum, post ludos Romanos reum lege Plotia de vi recit hoc consilio, quod videbat, si extraordinarius reus nemo accessisset, sibi hoc anno causam esse dicendam; dubium porro illi non erat, quid futurum esset. Nemini hoc deferre munusculum maluit quam suo accusatori: itaque sine ullo subscriptore descendit et Tuccium reum fecit. At ego, simulatque audivi, invocatus ad subsellia rei occurro; surgo neque verbum de re facio: totum Sempronium usque eo perago, ut Vestorium quoque interponam et illam fabulam narrem, quemadmodum tibi pro beneficio dederit, si quid iniuria ipsius esset, ut Vestorius teneret. Haec quoque magna nunc contentio forum tenet: M. Servilius postquam, ut coeperat, omnibus in rebus turbarat nec, quod non venderet cuipiam, reliquerat maximaque nobis traditus erat invidia, neque Laterensis praetor postulante Pausania, nobis patronis, QUO EA PECUNIA PERVENISSET, recipere voluit, Q. Pilius, necessarius Attici nostri, de repetundis eum postulavit: magno illico fama surrexit et de damnatione ferventer loqui est coeptum. Quo vento proiicitur Appius minor, ut indicaret pecuniam ex bonis patris pervenisse ad Servilium praevaricationisque causa diceret depositum HS. LXXXI. Admiraris amentiam: immo, si actionem stultissimasque de se, nefarias de patre confessiones audisses. Mittit in consilium eosdem illos, qui lites aestimarant iudices. Cum aequo numero sententiae fuissent, Laterensis leges ignorans pronuntiavit, quid singuli ordines iudicassent, et ad extremum, ut solent, NON REDIGAM. Postquam discessit et pro absoluto Servilius haberi coeptus est legisque unum et centesimum caput legit, in quo ita erat: QUOD EORVM IVDICVM MAIOR PARS IVDICARIT, ID IVS RATVMQVE ESTO, in tabulas absolutum non rettulit, ordinum iudicia perscripsit; postulante rursus Appio cum L. Lollio transegit et se relaturum dixit. Sic nunc neque absolutus neque damnatus Servilius de repetundis saucius Pilio tradetur; nam de divinatione Appius, cum calumniam iurasset, contendere ausus non est Pilioque cessit, et ipse de pecuniis repetundis a Serviliis est postulatus et praeterea de vi reus a quodam suo emissario, Sex. Tettio, factus. Recte hoc par habet. Quod ad rem publicam pertinet, omnino multis diebus exspectatione Galliarum actum nihil est; aliquando tamen saepe re dilata et graviter acta et plane perspecta Cn. Pompeii voluntate in eam partem, ut eum decedere post Kalendas Martias placeret, senatus consultum, quod tibi misi, factum est auctoritatesque perscriptae. S. C. AUCTORITATESQ. Pr.[idie] Kal. Octobres in aede Apollinis scrib. affuerunt L. Domitius Cn. f. Fab. Ahenobarbus, Q. Caecilius Q. f. Fab. Metellus Pius Scipio, L. Villius L. F. Pom. Annalis, C. Septimius T. f. Quirina, C. Lucilius C. f. Pup. Hirrus, C. Scribonius C. f. Pop. Curio, L. Ateius L. f. An. Capito, M. Eppius M. f. Ter. Quod M. Marcellus cos. v.[erba] f.[ecit] de provinciis consularibus, d. e. r. i. c., uti L. Paullus C. Marcellus coss., cum magistratum inissent, ex Kal. Mart., quae in suo magistratu futurae essent, de consularibus provinciis ad senatum referrent, neve quid prius ex Kal. Mart. ad senatum referrent, neve quid coniunctim de ea re referretur a consulibus, utique eius rei causa per dies comitiales senatum haberent senatusque cons. facerent, et, cum de ea re ad senatum referretur a consulibus, qui eorum in CCC. iudicibus essent, ses adducere liceret; si quid de ea re ad populum plebemve lato opus esset, uti Ser. Sulpicius M. Marcellus coss., praetores tribunique pl., quibus eorum videretur, ad populum plebemve ferrent; quod ii non tulissent, uti, quicumque deinceps essent, ad populum plebemve ferrent. I.N. [Intercessit nemo.] Pr. Kal. Octobres in aede Apollinis scrib. affuerunt L. Domitius Cn. f. Fab. Ahenobarbus, Q. Caecilius Q. f. Fab. Metellus Pius Scipio, L. Villius L. f. Pom. Annalis, C. Septimius T. f. Quirina, C. Lucilius C. f. Pup. Hirrus, C. Scribonius C. f. Pop. Curio, L. Ateius L. f. An. Capito, M. Eppius M. f. Terentina. Quod M. Marcellus cos. v. f. de provinciis, d. e. r. i. c., senatum existimare neminem eorum, qui potestatem habent intercedendi impediendi, moram afferre oportere, quo minus de. r. p. p. r. q. [re publica populi Romani quam primum -- per Loeb] ad senatum referri senatique consultum fieri possit: qui impedierit prohibuerit, eum senatum existimare contra rem publicam fecisse; si quis huic s. c. intercesserit, senatui placere auctoritatem perscribi et de ea re ad senatum populumque referri. Huic s. c. intercessit C. Caelius, L. Vinicius, P. Cornelius, C. Vibius Pansa, tribuni pl. Item senatui placere de militibus, qui in exercitu C. Caesaris sunt, qui eorum stipendia emerita aut causas, quibus de causis missi fieri debeant, habeant, ad hunc ordinem referri, ut eorum ratio habeatur causaeque cognoscantur; si quis huic s. c. intercessisset, senatui placere auctoritatem perscribi et de ea re ad hunc ordinem referri. Huic s. c. intercessit C. Caelius, C. Pansa, tribuni pl. Itemque senatui placere in Ciliciam provinciam, in VIII reliquas provincias, quas praetorii pro praetore obtin[er]ent, eos, qui praetores fuerunt neque in provincias cum imperio iverunt, quos eorum ex s. c. cum imperio in provincias pro praetore mitti oporteret, eos sortito in provincias mitti placere; si ex eo numero, quos ex s. c. in provincias ire oporteret, ad numerum non essent, qui in eas provincias proficiscerentur, tum, uti quodque collegium primum praetorum fuisset neque in provincias profecti essent, ita sorte in provincias proficiscerentur; si ii ad numerum non essent, tunc deinceps, proximi cuiusque collegii qui praetores fuissent neque in provincias profecti essent, in sortem coniicerentur, quoad is numerus effectus esset, quem ad numerum in provincias mitti oporteret; si quis huic s. c. intercessisset, auctoritas perscriberetur. Huic s. c. intercessit C. Caelius, C. Pansa, tribuni pl. Illa praeterea Cn. Pompeii sunt animadversa, quae maxime confidentiam attulerunt hominibus, ut diceret se ante Kal. Martias non posse sine iniuria de provinciis Caesaris statuere, post Kal. Martias se non dubitaturum; cum interrogaretur, "si qui tum intercederent," dixit hoc nihil interesse, utrum Caesar senatui dicto audiens futurus non esset an pararet, qui senatum decernere non pateretur; "quid, si," inquit alius, "et consul esse et exercitum habere volet?" at ille quam clementer: "quid, si filius meus fustum mihi impingere volet?" His vocibus, ut existimarent homines Pompeio cum Caesare esse negotium, effecit; itaque iam, ut video, alteram utram ad condicionem descendere vult Caesar, ut aut maneat neque hoc anno sua ratio habeatur aut, si designari poterit, decedat. Curio se contra eum totum parat: quid assequi possit, nescio; illud video, bene sentientem, etsi nihil effecerit, cadere non posse. Me tractat liberaliter Curio et mihi suo munere negotium imposuit; nam, si mihi non dedisset eas, quae ad ludos ei advectae erant Africanae, potuit supersedere; nunc, quoniam dare necesse est, velim tibi curae sit, quod a te semper petii, ut aliquid istinc bestiarum habeamus. Sittianamque syngrapham tibi commendo; libertum Philonem istuc misi et Diogenem Graecum, quibus mandata et litteras ad te dedi: eos tibi et rem, de qua misi, velim curae habeas; nam, quam vehementer ad me pertineat, in iis, quas tibi illi reddent, litteris perscripsi.